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how's that? elizabeth: love that, larry. you been so generous to me and kind. love you, larry. hang so much. we've got the up to the minute news on this sudden turn-around, manhattan d.a. alvin bragg's case, it looks like it's falling apart. reports of fighting inside the d.a.'s office, and did the d.a. withhold evidence from the grand jury? with us tonight, senator marsha blackburn, congressman james comer and beth van duyne, attorney general steve mar valup economic adviser steve moore and former dea agent derek moss. the markets are are unhappy. we got the update on the bank crisis as the fed raises interest rates odd. we've got a new poll, americans do not like where the u.s. is going under president biden. and we have new white house chaos. they're now contradicting each other on the severe i of the

fentanyl crisis in the u.s. plus, why is the president going to to canada tomorrow but, again, not to the toxic rail cash in east palestine, ohiosome and we have a new report, doj's own documents, its own u.s. attorneys nationwide say the justice department had no basis to go after school board parents as domestic terrorists. thanks for joining us. i'm elizabeth macdonald. "the evening edit" starts right now. ♪ ♪ ♪ elizabeth: welcome to the show. stocks ending down, check your 401(k)s, dropping 530 points, regional banks leading the slide. the fed raised rates a quarter point, that's the highist rate raisins 2006. fed chair powell says the credit tightening scenario could hit even more banks. there was talk that the fed

might cut rates next year after a final hike this year. the manhattan d. a. today telling the grand jury on the trump case, stay home. details now coming in on what's going on with the man manhattan d.a.'s threat of indictment against former president trump. this is a case that dates to seven years ago. now, fox news' david spunt, he's been doing great journalism on. he's been the go-to guy breaking the news on this story. david is live at the justice department with the latest. david. >> reporter: well, folks here certainly at the justice department are watching what's going on not far from you in new york. there's no clear reason, liz, why the grand jury did not meet today. this is a grand jury that typically sits on mondays and on wednesdays. we fully expected jurors to come in today, instead they stayed home with no actual reason for it. we're told they could possibly meet tomorrow. they're on standby for tomorrow afternoon. but alvin bragg, the manhattan district attorney, is trying to turn a misdemeanor involving

those alleged hush money payments into a felony involving the 2016 election. some legal experts believe it's a stretch. if let's go back right now to 2006, that's when then-adult film star stormy daniels claims she had an affair with donald trump, it's a charge he continues to deny. for years daniels tried to sell her story to the press around the 102016 election, 10 years later, she was paid $130,000 but not from donald trump direct, directly from michael cohen, donald trump's then-fixer. cohen was then reimbursed by donald trump, this is the according to district attorney the alvin bragg, and insists this was a hush money payment to keepmy daniels quiet and keep news of the alleged affair out of the headlines. alvin bragg, liz, claims trump falsified a business record relating to the payments which would be a misdemeanor, but bragging is making connection that the alleged hush money

payment kept stormy daniels quiet, and he's calling it an unreported campaign donation or campaign contribution. he believes because the money paid for daniels' silence, it benefited donald trump as a candidate and put him over the election finish line. it's an unreported campaign donation, according to alvin bragg. well, trump's campaign right now for 2024 says this is ludicrous, covering up unreported campaign donations is a violation of state election law and a felony. important to point out, liz, and i'll end here, former district attorney cy vance who was many times in the crosshairs of donald trump actually declined to prosecute this specific charge. no telling though when the grand jury may come back and when an indictment may happen, and the question -- not the question, the keyword, i should say, may happen because we don't 100% know. we can't say with confidence that donald trump will even be indicted. elizabeth: wow, what a story.

david spunt, thank you so much for your reporting. joinings now, house oversight chair james comer. congressman, great to have you on. what's your reaction to that report? >> well, i mean, where do we start here? it's a misdemeanor, they're trying to try it as a felony. this is a local attorney. he's trying to base this on federal election law. that's two levels of government above where he's supposed to be prosecuting. i mean, the witnesses, you've got a disbarred attorney, a former porn star. i mean, the list goes on and on and on here, liz. i mean, this is clearly not something that the manhattan d.a. should be involved with. this could open up a can of worms. who's to say that local attorneys in kentucky wouldn't start going after joe biden for influence peddling. i mean, this is not something that the manhattan d.a. should be involved in. that's why congress has asked for him to come explain to us what he's doing. we have oversight anywhere where we have legislative purview, and

we certainly write the election laws in congress. the election laws are not written by the manhattan t.a.. elizabeth: so that's how you could call him in, because he's citing a federal election campaign violation. i mean, there's a chance he does not indict the former president because there's reports of fighting inside the d.a.'s office that the case is weak, that they can't convince a grand jury. i mean, michael cohen's former legal adviser, robert costello, reports say that he got into that grand jury room, said wait a minute, you're asking me only about six e-mails, d.a., that that you cherry picked out of a total of 320 that were handed over, and alvin bragg even took those 6 e-mails out of con educate. >> i don't think anyone who's paying attention to this would argue anything other than the fact that this is a political stunt. this is something by the d.a. to propel his political career. by all accounts he's very am

ambitious and wanting to move up the line. but i would caution mr. bragg that if you go back to november, democrats, new york's a blue state, but the voters turned their back on the democrat voters because of of crime. and here's the guy that's supposed to be prosecuting criminals in a city with a very high crime rate, but instead he's trying to go after a presidential candidate for something that happened seven years ago. that's another thing, the statute of limitations has already expired. elizabeth: congressman, let's say on that. this is the whole get trump syndrome in the media and9 democrat party. just take out the word trump. it sounds like the d.a. does not have standing here. let's break it down for the viewers. andrew mccarthy last night told us it's a weak case. they're trying to upgrade a new york state misdemeanor to the a federal felony, that trump allegedly falsified business records to hide federal campaign finance violations. andy mccarthy says new york penal law, the law would list

that as a second crime, as on the another new york state crime, and that that would typically be settled by fines paid to the federal election commission, not by criminal prosecution. so what bragg is doing, it sounds like a hop, skip and a jump, and he does not have standing. >> no. he's trying to rewrite federal election law, and he's a local district attorney. i mean, what's to say a candidate's running for office, he goes through a divorce, the divorce, you know, obviously he wants to settle the divorce because it could hurt him in his political campaign. so is he supposed to pay for that out of his campaign account or personal account? you can't pay for stuff like that out of your campaign account. that's a perfect example of what the d.a.'s trying to do. he's trying to argue that this was a campaign expense, and he should have paid for it out of a campaign account. i mean, the whole case will not hold up anywhere. this is a political stunt. and it's just very, very disappointing to see tax dollars being wasted on something like this.

elizabeth: even lanny dais, michael cohen's lawyer, said this was a he said-he said case. let's watch michael costello -- the fec, federal prosecutors dropped this case years ago. let's watch this. >> i said a non-prosecution agreement gets you out from if underneath all of your legal troubles. so i have to ask you now, do you have anything on donald trump, anything? and he said, no. and i said, michael, think about this. don't answer it quickly. what do you have on donald trump? and that's when he started with the same litany that he used for the rest of the two hours, i swear to god, bob, i don't have anything on donald trump. if he had any information about donald trump, that would have been the one time -- even for a serial liar like michael cohen -- to fess up and say, well, i know this or that because i want to save my own hide. but he didn't do that. and the statement he gave us was

very similar to that statement that you just read. elizabeth: that's the credibility of michael cohen. let's turn to alvin bragg. will you -- will house oversight or house republicans in any way, shape or form try to find out if the justice department under the biden administration communicated with alvin bragg before bringing this case? >> yeah, that's what we want to know. we want to know all communications between bragg and the doj because, as you know, we've caught the doj trying to get involved many in a lot of political matters, a lot of election matters. and that's somewhere the doj's not supposed to be. elizabeth: congressman comer, thanks for joining us tonight. it's good to see you. let's take you to the high wire juggling act over the federal reserve. the fed raises rates to battle inflation. inflation's now entrenched. 13.5% all in since the president took office, the stock market not liking that rate hike. let's get right to edward lawrence at the federal reserve

with the latest. edward. >> reporter: and you said it, liz, a quarter of a percentage point today, the fed chairman actually admitted that they backed off of a 50 basis point move because of the bank failures. the fed chairman also adding that the bank failures will actually cause some of the tightening in the economy that the fed needs. >> since our previous fomc meeting, economic generators have come gallon straited greater momentum in economic activity and inflation. we believe, however, that events in the banking system over the past two weeks are likely to result in tighter credit conditions for households and businesses which would in turn affect economic outcomes. >> reporter: the fed's statement left open the door for a pause in rate hikes, also alluding to the fact there might be a pause this year. but that pause might not be at the next meeting, it depends on the data. the fed chairman also admitting that government spending pushed inflation in the past. spending that's happened is working against what you were doing. is this prolonging inflation?

>> you know, you have to look at the impulse from spending. the spending was, of course, tremendously high during the pandemic, and then as the pandemic programs rolled off, spending actually came down. so the sort of fiscal impulse is actually not what's driving inflation right now. >> reporter: and he says the fed will get inflation back to the 2% target. liz? elizabeth: edward lawrence, what a good story. let's welcome back congresswoman beth van duyne and former economic adviser to former president trump, he's stephen moore. thanks to both of you for coming on. congresswoman, what do you make of edward's report? fed chair powell says the banking system is sound and resilient, but that's the extent of recent bank failures remain uncertain, so it's two sides of the same coin. what do you make of it many. >> i think what you're hearing is between yellen, powell and biden, they have no idea. they're wrong early and often. you know, whether it's them

claiming we're going of transitory inflation that's over two years old now i and continues to climb, you would not be raising the taxes right now, you'd not be raising unless inflation was a crazy problem. and what we're seeing 1st the over 14% -- 14 -- it's over 14% now than when he took office. elizabeth: so what the congresswoman just said, stephen, washington post is reporting 190 banks nationwide are at risk of problems, even a collapse like silicon valley bank. if their customers lose confidence, now we see problems that we, of course, credit suisse, first republic, pacwest. what's your take on everything, because we're watching the stage of bond market volatility, it surgeon -- surged to the highest level since 2008, steve. >> people are really nervous and fidgety, no question about it, about the soundness of the banking system. now, i do think, you know,

having looked at the balance sheets and the reserves of the big, big banks like jpmorgan and, you know, wells fargo, those banks are in really good shape. but you're right, there are conses of smaller banks that are in trouble. here's what i found really disappointing, look, i don't have a problem with the quarter percentage point increase in rates, but i do have a problem with this fed chairman not admonishing congress to stop spending and borrowing so much money. i mean, this is what paul volcker and al ann green. c-span: did. every time they went to capitol hill and made statements, it's the we've got to get the budget in order, we've got to pay our bills. i'm sorry, but this is not something that jerome powell does. in fact, he basically said the fiscal situation is not a problem. that's crazy. elizabeth: yeah. >> we've got a $31 trillion department, and he's saying we don't have a fiscal problem? that's exactly the wrong message to be serving. elizabeth: to what steve was

just saying, all of that government money, congresswoman, has to be parked somewhere. and president biden basically did a bailout of silicon valley tech start-ups and venture capital firms after hundreds of tech ceos said we want it, it won't cost a penny. we're finding lots of insider loans, insider loans to silicon valley officers, directors and shareholders. those loans more than tripled to $219 million, the chief risk officer with left concern left with more than $7 million, the ceo with more than $13 million, and now we're supposed to bail out the banks and give them guarantees on uninsured deposits that they can roll the dice on -- >> and the bank rate. elizabeth: -- that we'll pay forsome. >> yeah. exactly, biden's bailing out billionaires and millionaires, and he's consistently doing that. what david said was absolutely right, the huge amount, and i said the multitrillion overspend that we're seeing in congress right now is a correct result. that's why you're seeing

inflation because with we're putting way too much money out there right now and the huge amounts of debt and have no way to pay for it. you're going to see increased taxes, but what you're also seeing is these banks, very, very poor management. their focus has not been on the best returns for the stockholders, they've been looking at this diversity, equity and inclusion and the bonus that that is going to bring more money. on op of that, horrible management plus biden's multispending, overspending by congress, it's directly led to this problem. so i'm hoping during these conversations many in ways and means when we start looking at the debt ceiling that we are looking at legitimate solutions and legislation that will will help working americans again. elizabeth: good to hear that. steve, your final word. >> i think the most important financial are risk right now is, you know, the $7 trillion budget that was just released a couple of weeks ago, liz, by joe biden which has tax increases that,

god forbid those ever pass, we'd have a 1929-style crash in the market. but also, you know, how can jerome powell say spending is under control when the president just came out with a $7 trillion all-i'm-high budget? elizabeth: i mean, that's more than france, italy and spain combined. congresswoman van duyne concern you know what i mean? [laughter] steve moore, thank you so much. thanks for joining us tonight. teachers' union chief randi weingarten reportedly wants to florida governor ron desantis in an upcoming speech in washington d.c. we've got teachers going on strike in los angeles and a new poll, americans do not like where the u.s. is going under president biden. plus, former dea special agent derek -- new chaos at the white house, contra convicting each other on the severity of the fentanyl crisis hawaii's next ol "the evening edit."t ♪bu ♪ -- the city that we love ♪

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you can almost feel the drag when people walk by with their phones. oh i can't hear you... you're froze-- ladies, please! you put it on airplane mode when you pass our house. i was trying to work. we're workin' it too. yeah! work it girl! woo! i want to hear you say it out loud. well, i could switch us to xfinity. those smiles. that's why i do what i do. that and the paycheck. everything's changing so quickly. before the xfinity 10g network, we didn't have internet that let us play all at once. every device? in every room? why are you up here? when i was your age, we couldn't stream a movie when the power went out. you're only a year older than me. you have no idea how good you've got it. huh? what a time to be alive. introducing the next generation 10g network. only from xfinity. the future starts now. as a business owner, your bottom line is always top of mind. so start saving by switching to the mobile service designed for small business:

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agent derek malts. derek, let's get the viewer updated on what's going on. the president is going to canada origin the, he's going to talk to canada's a parliament. he's still not going to the toxic train crash in east palestine, ohio. 72% of americans believe the u.s. is on the wrong track under the president. that's up 4 points since december. and now the white house press secretary, kjp, says fentanyling is a global problem. she's downplaying that it's a u.s. problem. what do you think? >> well, she also told america a couple weeks ago that fentanyl at border was at an all-time low. i mean, it's unbelievable. but, liking -- like you have mayorkas, our homeland security secretary, telling everyone how he's got operational control of the border, but his border patrol chief contra convicts him. it's an administration that's steveing the program. the head of the dea has been very transparent, just yesterday

putting out new warning for all americans about the xylazine, the frank drug on the -- tan -- trang drug on street that is literally rotting people out, and the white house isn't even talking about it. and i testified in congress a couple weeks ago, and i made it clear that it's a disgrace that the department of education's not educating our kids on deadly epidemic. we've never had this in the history of the country. and our cd can c can't produce accurate and timely stats on historic amounts of people dying are from fentanyl. the president should be calling for a national emergency and public health emergency so the citizens understand the severity of threat. we've never had this before, liz. elizabeth: yeah, that drug you cited, apparently it's now in 48 states, and and the issue is the government is -- you've got to

screen for fentanyl poisoning, i don't know if they're doing that. it doesn't seem like hospitals nationwide are ramping up to just take the records nationwide of fentanyl poisoning in their emergency rooms. let's watch the white house chaos on fentanyl. you can see the press secretary, the secretary of state blinken testify, ask you're going to see a mom -- and parents, by the way, have been saying fentanyl is a huge problem. it's been fatally poisoning their children and americans. watch this. >> as it relates to the fentanyl, this is not a u.s. problem, it's a global one. the trafficking of illicit drugs is causing societal damage and needless death and suffering not just here, but also in mexico. >> do you agree with the following statement that feintal coming from mexico is -- fentanyl from mexico is killing americans by the tens of house? >> it is, and it's also killing mexicans. >> and you talk about childrenning being taken away from their parents. my children were taken away from me. i don't use the term drug

overdose because this was not an overdose, this was murder. this is a war. act like it, do something! elizabeth: that was a guest on our show, "the evening edit." her two sons were poisoned to death by fentanyl from fake pills. this mom demanded the president apologize earlier this month. we're not hearing that. so how can secretary of state and the white house press secretary, derek, downplay that two-thirds of u.s. overdose deaths come. >> fentanyl? look at, 95 president -- 95% of overdoses in new orleans tied to fentanyl, but this is not a crisis? >> well, liz, i'm so happy that you pulled out that article about the 95% fentanyl-related deaths. you know, people are just being misled because we know the stats are higher. i work with the families around america every day of the week. i made the original collage project that they're using all

over the plus. so i'm very -- over the place. there's 13-year-olds die dying in their bedrooms. it's something we've never had ever in the history, but the thing that's irresponsible is they're misleading the public. this is not an opioid-only crisis, it's a poisoning from china. china is bombing the country with these chemicals. now we have -- not only do we have xylazine, we have anytime a zien, pyro on the streets, we have -- these are much more powerful opioids, synthetic opioids. and the thing about psi lo sine -- psi low zien, liz, narcan will not reveres the impact. it's -- reverse the impact. it's not a controlled substance, so they're taking advantage of america to make money. it's all about the money, liz. elizabeth: this is also a national security threat, you're saying, from china. >> 100%. you can see this a mile away. china has unrestricted warfare.

they want to destroy the their adversary. they don't is have to bomb us with traditional bombs. they're using chemicals. elizabeth: got it. derek, thank you so much, and thank you for all you've cone for america with your work at the dea. thanks for joining us tonight. we have this new phenomenon, a growing movement, this development coming in. more states' attorneys general nationwide, they're dialing back, they're putting back in and reinstating criminal penalties for rethat tail theft. the retail the theft. why the sudden turn around? and we've got senator marsha blackburn on that new report out of the house that basically the doj did the not have any standing to go after school board parents as domestic terrorists. and we've got randi weingarten, she's reportedly going to give a speech slamming ron desantis in washington. that speech coming up in d.c. later this month. t senatohir marsha blackburn comig up. life is for living.

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♪. liz: more than half a million students again stuck home from school in los angeles. teachers striking, going on there. even after california's pandemic school shutdowns, this is going on. now thela. school district lost 11% of its student population since 2019. that is fueled by people leaving california. kelly o'grady is live in los angeles with the story. kelly? >> reporter: liz, we just wrapped up day two of a planned three-day strike. schools across the county have been closed after a year of negotiation. here in this location we had thousands of folks at a rally earlier. first the context, the strike is driven by 30,000 service workers. 35,000 teachers are striking in solidarity as well. talking bus drivers, cafeteria workers, custodians.

for context the average worker earns $25,000. the goal, 30% pay raise, work over time opportunities, respectful treatment after accusations of harrassment. we spoke to earlier today about a special education worker what he hops to get out of this. >> what we want to get out of this is financial respect from the district. far too long we have been disrespected and amount help and welfare we have given to all the children of lausd. >> reporter: but speaking of the kids, this has left parents scrambling. los angeles represents the nation's second largest school district with roughly 600,000 kids staying at home today. not all parents are behind this. a lot of frustrations running high after pandemic learning loss. national parents union tells us these strikes are unquestionably a bully tactic that do nothing to help our children.

none of this brings on a education utopia after demands have been met. los angeles mayor karen bass brought people to the negotiating table. but they expect they will be striking tomorrow. liz: look who is here from senate judiciary, senator marsha blackburn. pleasure to have you on. >> great to be with you. liz: what is it reaction to the new house report that found justice department's documents, own u.s. attorneys show that the white house quote, had no legitimate basis, that they quote misused the fbi and the doj to go after school board parents upset about bad schools as domestic terrorists. even u.s. attorneys say this was quote, manufactured crisis. what do you say, senator? >> i say this is another of their political moves. they did this the week before the virginia governors election, thinking they would scare people into submission. you know, liz, fearful people are easier to control and, you

see a lot of that. you see a lot of government overreach. you see putting fear in people. you look at the mandates, the lockdowns, what we experienced through covid. you look at what is happening with inflation. the steps this administration is making are very intentional. the teachers unions are very close to the white house. we all know that. we know that how they traveled, that path to get this letter, from doj, that would say, okay, let's go after these parent who were showing up, to question what their elected representatives on these school boards are doing to their children, what they are teaching to these children. we want children educated, not indoctrinated. liz: it is interesting, you point out the house report indicates there was a political reason for going after school board parents as domestic terrorists because glenn youngkin was on the rise in

virginia because of chaos in public schools. the report says you know, cites local law enforcement, there were a handful of school board parents that were boisterous, disruptive. that should have been handled by local police. no one thought this was serious national threat. the fbi reportedly opened up 25 threat assessments against school board parents. six were conducted by the fbi counter terrorism unit. that is what is happening behind the scenes. >> liz, think about it, the fbi got involved in the elections in 2016, 2018, 2020, 2022. now you look at the virginia governors race. this is another election that the fbi inserted themselves in a political manner into an election and we're seeing that from this report.

and of course, these parent are going to those meetings because they care. it is their children, and they want to know what is going on in these classrooms. they want to know why teachers are not teaching. why the union is interested in the union and the welfare of the teacher but not the child. so parents should be showing up. i'm pleased that parents are showing up. liz: senator, given what you're saying you drilled down into what happened. the fbi investigates a mom because she is a gun owner. they investigate a dad because he rails against the government. you know none of these investigations resulted in any federal arrests or charges. that is according to the report. your final word. >> yes. this is harrassment. it is, we are to be a government, of, by, and for the people and what you have the democrats are pushing for a government of the powerful, by

the powerful, for the powerful, and they are trying to centralize that power and control and use the government as a sledgehammer against people. in this case, against parent who love their children very much. >> senator blackburn a pleasure, and honor having you on. good to see you. we'll keep you updated on reports of the infighting inside of the manhattan d.a.'s office, that his case is weak against president trump. will it be dropped? we'll stay on this with news coming in. also alabama attorney general steve marshall is coming on the show. we have a growing movement now among state attorneys general nationwide, reverse course, bring back, reinstate criminal penalties for retail theft. why the sudden whiplash among the states? did they suddenly wake up? whe that is coming up next on "the evening edit".

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♪. liz: look who is here, attorney general for the state of alabama. he is steve marshall. thanks for joining us, sir. good to have you on the show. so this is a new trend, this new turnaround, this big reversal. we were told to dumb down retail theft crimes as not a problem. this was just, you know, about racism but now there is a growing movement among states nationwide like oregon, virginia, to reinstate big criminal penalties for retail theft? why the sudden whiplash? why the turnaround? >> i think this is our blue colleagues being able to see responsible criminal justice policy at work. no doubt as a country seeing a retreat from violent crime, excuse me from non-violent crime. trying to reduce the impact of property crimes in our cities but yet we now know significant economic impact, not only with

regard to, what is going on at the retail level, but also, the increase in violent crime as well from organized groups attacking our cities, stealing significant amounts of property. liz: sir, the attorney general of nevada, aaron ford, he is a democrat. in nevada he said the state should not have weakened retail theft laws. he is saying that is bad now but he pushed for that. in 2019 they cut or wiped out prison sentences for various property crimes. they said you will only be hit with a felony if you steal $1200 or more. used to be 650-dollars you would get hit with a felony. is that reversal going to happen? >> you see soros backed d.a.s they will ignore lower level crimes. this isn't a surprise.

shouldn't be surprised san francisco is leader in smash-and-grabs going on in our cities. they have individuals in positions of leadership refusing to enforce the law. liz: let's stay on that. this is california. it decriminalized most retail theft. what you're saying san francisco spiked higher in retail theft among the 25 biggest u.s. cities, it has the highest property crime rate in four of recent six years, which data is available. this is bucking the long-term national drop in these crimes that began in the 1990s. we reversed gains we got from the 1990s. we're back to square one, how bad it was in prior decades. >> we shouldn't be surprised. we saw tremendous improvement in new york, for example, with the broken windows theory but we weren't going to ignore minor offenses to be able to hold individuals accountable. yet we've seen a growing trend. look even in alabama, we had a republican legislature that created a felony offense that

included property crimes which someone couldn't go to jail. i think that is wrong. we began to see the fallacy of that policy. the good thing is, we're seeing not only attorneys general in nevada, in illinois, in other places recognizing this but it is also an understanding of that report role that a local d.a. plays. why the soros influence is so bad for communities. liz: now the nevada state attorney general says retail theft is out of control. attorney general steve marshall, thanks for joining us on the show. >> thank you. liz: my hot take is coming up. look who is back former acting attorney general matthew whitaker. reporting of infighting inside of the d.a.'s office. the case is looking prettyhrou weaker by the hour of former weaker by the hour of former president trump. will the manhattan d.a. drop the case coming up on "the evening edit". ou experience europe

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liz: look who is back with us. former acting u.s. attorney general matthew whitaker. sir, good to see you on this story. we need you. what is your reaction to the sudden reversal from the manhattan d.a. drop the case against president trump? there is report of infighting inside of the d.a.'s office that the case is weak against trump and they won't being able to

convince the grand jury. that is fox digital reporting that. what do you think? >> yeah. i agree. good to be with you tonight, liz. what i know about this case, michael cohen a convicted felon, someone convicted of many things, felonies, including lying to congress has been completely undermined by robert costello. we had not heard the whole two hours of testimony. but i'm gisting the team in 58 vin brag's office is reevaluating the case not only getting past the grand jury there is no hope of winning at the trial level, you can't bring that case as a prosecutor. in my experience, you know, i'm sure they're doing a lot of soul-searching right now no matter how idealogically motivated alvin bragg is on this case, i don't think after costello testified on monday before the grand jury there is not a lot of hope the case can proceed. we'll see. liz: the house gop is talking about bringing in alvin bragg to testify. andrew mccarthy says that is

not a good idea. he is part of a sovereign state, municipal prosecutor. congressman comer just broke news at the top of our show saying well he is citing the federal campaign law as a violation to prosecute trump and he also wants to know if d.a. bragg was communicating with the white house or communicating with the justice department before bringing this case against, possible indictment of trump. what do you think of all of that? >> yeah. well, several thoughts. first of all the campaign finance law charge allegedly part of elevating this to a felony has been twice looked at both by the federal election commission and by the department of justice while i was there, southern district of new york looked at the case. both of them passed. decided it wasn't a campaign finance violation. congress has legitimate interest in the oversight. if there is any federal interaction or funds that go into investigation, any federal resources i think that is a legitimate area of inquiry. i don't think alvin bragg say

i'm sovereign, a state official, therefore the federal government doesn't have any oversight of me. doesn't have complete oversight, certainly but there are places where they could ask these type of questions,. liz: could the democrats, white house say this is interference in a prosecution? >> i don't think so. especially not asking the types of questions about federal resources and federal involvement but you know certainly if they went much further into the contents of the case or the basis for, the factual underpinnings of the case that might rise to level of interference but i don't they comer will go there. liz: could president trump sue for wrongful prosecution and unfortunately make new york city and taxpayers pay for this move? >> we have to go a long way down the road. we have to learn more about the motivation of the prosecutor. that could be on the table ultimately depending how weak

the case is. especially if the office has legal opinions saying this felony elevation under federal campaign finance law isn't a real theory, that they knew that when they, if they charge. remember, i think they still have to get over over the grand jury. liz: i want to make sure we update the banner up there. they didn't cancel the probe. what they told the grand jury to go home. i'm updating the banner to maked it clear for b viewers. matthew whittaker, thanks for joining us great to see you. baker tilly.

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liz: here is tonight's "hot take," reported problems in the manhattan d.a. case against federal trump alleging campaign rye places involving hush-money payments to stormy daniels. reports are coming in the d.a. can't convince the grand jury to move on indictment costello testified that michael cohen is serial liar. the d.a. may have with held 315 e-mails, only picked six emails to show the grand jury. even those emails were taken out of context. if president trump was guilty of these crimes, why wasn't he charged years ago?

d.a. alvin bragg says he will not be inestimate dated seeking justice in the trump case. should he seek just is charging violent felons in new york city? what are the city's taxpayers paying for? under bragg, things like do the crime, do no time. is that how we really want to live as voters in the united states of america? be sure to tune in tomorrow. we'll have more on this with white house, excuse me, with house administration chair brian steil, "new york post" jon levine joining us and "wall street journal's" james freeman will be on with us too. we got the fed rate hikes. email us. we love reading your emails. emacviewers@fox.com. we may feature your emails on the next show. i'm liz macdonald. you've been watching "the evening edit" on fox business. we really appreciate you watching us, joining us for the jam-packed hour. now it is time for "the bottom line." my buddies dagen and sean. great to see you too. this d.a.'s case is looking weaker b